[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.310]

[Page 36]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart D_Enforcement
 
Sec.  107.310  Ticketing.

    (a) For an alleged violation that does not have a direct or 
substantial impact on safety, the Associate Administrator may issue a 
ticket.
    (b) The Associate Administrator issues a ticket by mailing it by 
certified or registered mail to the person alleged to have committed the 
violation. The ticket includes:
    (1) A statement of the facts on which the Associate Administrator 
bases the conclusion that the person has committed the alleged 
violation;
    (2) The maximum penalty provided for by statute, the proposed full 
penalty determined according to PHMSA's civil penalty guidelines and the 
statutory criteria for penalty assessment, and the ticket penalty 
amount; and
    (3) A statement that within 45 days of receipt of the ticket, the 
person must pay the penalty in accordance with paragraph (d) of this 
section, make an informal response under Sec.  107.317, or request a 
formal administrative hearing under Sec.  107.319.
    (c) If the person makes an informal response or requests a formal 
administrative hearing, the Associate Administrator forwards the 
inspection report, ticket and response to the Office of the Chief 
Counsel for processing under Sec. Sec.  107.307-107.339, except that the 
Office of the Chief Counsel will not issue a Notice of Probable 
Violation under Sec.  107.311. The Office of the Chief Counsel may 
impose a civil penalty that does not exceed the proposed full penalty 
set forth in the ticket.
    (d) Payment of the ticket penalty amount must be made in accordance 
with the instructions on the ticket.
    (e) If within 45 days of receiving the ticket the person does not 
pay the ticket amount, make an informal response, or request a formal 
administrative hearing, the person has waived the right to make an 
informal response or request a hearing, has admitted the violation and 
owes the ticket penalty amount to PHMSA.

[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996, as amended at 66 FR 45377, 
Aug. 28, 2001]